MEMORANDUM AND ORDER Nesbitt's Motion for Recusal (filing no. 7 ) is denied. Respondent's Motion to Dismiss (filing no. 8 ) is granted. Nesbitt's Petition for Writ of Habeas Corpus (filing no. 1 ) is dismissed without prejudi ce to the reassertion of a subsequent petition upon authorization by the Eighth Circuit Court of Appeals. The court will not issue a certificate of appealability in this matter. Nesbitt's Motion for Hearing (filing no. 10 ), Motion for Records (filing no. 11 ), and Motion for Copies (filing no. 13 ) are denied. A separate judgment will be entered in accordance with this memorandum and order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)

MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(AOA)

MEMORANDUM AND ORDER -Upon initial review of the Petition (Filing No. 1 ), the court preliminarily decides that Petitioners claims are potentially cognizable in federal court; The Clerk of the court is directed to mail copies of this Memorandum a nd Order and the Petition (Filing No. 1 ) to Respondents and the Nebraska Attorney General by regular first-class mail; By June 27, 2013, Respondent shall file a motion for summary judgment or state court records in support of an answer. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 26, 2013: check for Respondent to file answer and separate brief. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 6/27/2013: deadline for Respondent to file state courtrecords in support of answer or motion for summary judgment.) Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed)(MKR)

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